1. BIA Recognition and Accreditation
May 24, 2013
Silvana Arista & Laura Burdick
Capacity Building Section

2. Presenters Silvana Arista, Program Coordinator, CLINIC
Laura Burdick, Field Support Coordinator, CLINIC

3. Overview What is BIA R&A & why apply? R&A requirements
The BIA application process & supporting documentation
Training recommendations
After approval
New developments in R&A
Considerations for CIR

4. What is Board of Immigration Appeals (BIA) ?
Part of U.S. Department of Justice, Executive Office of Immigration Review (EOIR)
Appeals court for immigration court cases
Grants agency recognition and individual accreditation to practice immigration law
8 CFR § 292.2
What is Board of Immigration Appeals?
Teaching Points –
The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying immigration laws
Located at EOIR headquarters in Falls Church, Virginia
Nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by District Directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is either a non-citizen, a citizen, or a business firm.
Board is responsible for the recognition of organizations and accreditation of representatives requesting permission to practice before DHS, the Immigration Courts, and the Board.
Board decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court. All Board decisions are subject to judicial review in the Federal courts

5. What is BIA R & A?
Authorizes non-profit agencies and their staff to practice immigration law
Agency must receive recognition for staff (non-attorneys) to be accredited
Recognition doesn’t expire, but can be revoked; accreditation expires every three years and is open for renewal
What’s Recognition?
Teaching Points –
Agency recognition and accreditation of staff members allow non-attorneys at nonprofits to practice immigration law;
Represent clients before DHS (USCIS) or EOIR (Immigration Court) depending on the level of accreditation; and
Provide advise and counsel clients on their immigration options same as an immigration lawyer
Accreditation hinges on whether the agency gets recognized.
To get recognized agencies must have nonprofit status, knowledge/experience in immigration law (shown by the staff applying for accreditation or by an immigration attorney on staff), independent existence, and charge only nominal fees. The requirements will be discussed more in detail later.

6. Why apply for BIA R & A?
Expand program services and increase professionalism
Strengthen program/ensure better client services
More complete/professional services
Reps. can sign G-28/E-28, obtaining copies of everything DHS/EOIR sends to clients
Reps. can represent client at interviews
How could BIA recognition and accreditation benefit your program?
Access to other funding opps
Teaching Points –
Prevent unauthorized practice & better service to clients
Beneficial to community making affordable legal services available and prevent notario scams
R & A is free
Recognition don’t need to be renewed

7. Why apply for BIA R & A? cont.
Promotes quality of immigration advice
Substantive immigration law training required for accreditation
Ongoing training required
Lower staffing costs

8. Agency Recognition Requirements
Non-profit agency (best = IRS 501(c)(3))
Nominal fees
Knowledge, experience, information of immigration law/procedure on staff
Independent existence
Other points
BIA discretion
Satellite office, apply separately
Requirements for agency recognition (11:00 – 11:10)
Teaching Points -
Must be a nonprofit religious, charitable or social services agency – 501(c)3, legally incorporated as nonprofit, not just non-profit status
Any fees an agency charges for immigration work may only be nominal – there are no formal definition, but BIA looks at whether agency can support itself apart from client fees. Therefore, if the budget show significant funding for the agency is derived from client fees than BIA will determine that it is unlikely the fees are nominal;
Must have knowledge, information, and experience on immigration law and procedure – usually someone on staff, the person applying to get accreditation, has knowledge and experience in immigration law.
Must have independent existence apart from its proposed representative.
Other points about recognition
Once agency gets recognized, it never expires, but BIA has discretion of withdrawing recognition if agency no longer meets requirements
Agency with satellite office (branch offices) need to apply for each office separately
There is an online roster at Dept. of Justice Site of all BIA recognized agencies and accredited representatives

9. Who can get recognized? Jack’s Immigration Shack?
Jewish Family Services?
Mi Casa Domestic Violence Treatment Center?
Mennonite Central Committee?
Wal-Mart?
Trump for President Committee?
Who can become a recognized agency? (11:10-11:15)
Go over the questions.
Teaching Points –
Jewish Family Services and Mi Casa Domestic Violence Treatment Center could be recognized.
Non-profit 501 (c)(3)
Nominal Fees
Knowledge of immigration law
Independent existence from representative

10. BIA Recognition Application
Form EOIR-31
Cover letter (what agency does & why it merits recognition)
Articles of incorporation
Agency by-laws

11. BIA Recognition Application
Non-profit status letter
Immigration library resources (hard copy and internet)
Fees for immigration services, if any & fee waiver policy. Statement re: no dues.
Funding sources for immigration work only with amounts (not a budget)

12. BIA Recognition Application
Organizational chart only including supervision of immigration staff
Resumes of staff with immigration training and/or experience
Letters of recommendation
Local newspaper articles showcasing agency’s great work (optional)

13. What’s accreditation? Employee/volunteer BIA recognized nonprofit
Knowledge and experience in immigration law (training very helpful)
Partial or full accreditation
Lasts for 3 years, renewable
Does not go where you go
What’s accreditation? (11:30 – 11:40)
Go over questions
Teaching Points – To be accredited, you need to be an employee or volunteer of a nonprofit agency that is recognized and you need to have knowledge and training or some knowledge and training in immigration law. There is no specific number of hours of training and/or experience a candidate should have prior to application. But you should have sufficient training and experience in immigration law before applying for accreditation.
Other points to cover
Partially accredited – represent before USCIS only
Fully accredited – represent before USCIS, Immigration Court and BIA
Accreditation last for three years. You need to renew after three years so make sure you keep yourself up to date with immigration law. Continue to go to immigration law trainings in person, through webinars and podcasts, both live and archived, get plugged into listservs, and continue to collaborate and work with experienced immigration attorneys and BIA accredited representatives on cases or get supervised by them if one is available. If there are no immigration attorneys in your area or BIA accredited representatives you could reach out to, then connect with someone at ASISTA regularly on your cases. Talk the cases over with someone who knows a lot about VAWA, U or T’s.
Your accreditation does not go wherever you go. If you leave the agency that you were accredited at, you loose accreditation and will need to reapply at the new agency if they are recognized
Need to renew for accreditation 3 months before it expires so there is no gap in accreditation status

14. Who could get accredited?
Sylvia, a legal advocate from Domestic Violence Institute, who has 3 months of practical immigration experience and attended three substantive immigration law trainings apply for accreditation?
Could the staff at Trump for President Committee apply for accreditation?
Jack (Jack’s Imm. Shack) with one year of immigration experience apply for accreditation?

15. Accreditation at Multiple Sites
All representatives performing legal work as BIA accredited representatives must be accredited at each recognized location.
Accreditation does not transfer from one site to another.

16. BIA Accreditation Application
Cover letter requesting accreditation
“BIA accreditation resume” of the applicant
Certificates/agendas from immigration trainings
Letter(s) of recommendation
Certificate of service on USCIS and ICE

17. Technical Legal Support Requirement
Must have a letter from attorney or full accredited representative stating:
Background and qualifications in immigration law
Knowledge of agency/staff
Will answer immigration law and procedure questions for agency
Any fees charged for this support
Good to recommend agency/staff as well

18. Experience the Agency Can Rely on for Technical Backup
Full accredited representative (if applying for recognition)
Attorney
Consulting full accredited representative
Consulting attorney
All of the above satisfy the experience requirement
Document with letter or agreement
Do not have to show the applicant has practiced all of immigration law.

19. Knowledge
On Site: Immigration and Nationality Act and 8 Code of Federal Regulations
Internet: manuals, webinars, archived videos, trainings, podcasts, etc.:
CLINIC,
IAN,
ILRC,
ASISTA,

20. Training Opportunities
In-person training
E-learning
Webinars
CLINIC self-directed courses
Mentoring
Apprenticeship
Supervision by attorney or BIA accredited representative

21. Suggested Training Fundamentals of Immigration Law & Procedure
Family-Based Immigration
Citizenship & Naturalization
Program Management
Legal Skills
Bars & Waivers
Inadmissibility
Immigration Consequences of Crimes
Ethics

22. Training Tips Mix of in-person, e-learning, and webinars recommended
Keep certificates of all trainings attended
List trainings on resume
List who gave the training, title, date, location, type of training

23. Training Resources CLINIC trainings, www.cliniclegal.org
Immigration Advocates Network,
Immigrant Legal Resource Center 40-hr training,
World Relief offering 40-hr training June , legal-services/events
Don’t forget about webinars and E-learning courses (CLINIC has many of these)

24. Mailing the Application
Mail original to:
Recognition and Accreditation Program Coordinator
Board of Immigration Appeals
Clerk’s Office
P.O. Box 8530
Falls Church, VA 22041
*Check BIA website for most current address and courier address,
Mail one full copy to USCIS District Director and one to ICE Chief Counsel
Send all by certified mail, return receipt

25. What happens next?
USCIS and ICE have 30 days to recommend for or against application, can request extension
If USCIS and/or ICE timely responds against application, agency can respond to BIA with copies served on USCIS/ICE with proof of service
Agency has 30 days to respond, can request extension
Standard processing time: 3 months (once complete)

26. Common Reasons for Delays
Missing proof of service to USCIS and/or ICE
Extension requests by USCIS and/or ICE
Extension requests by the organization to respond to USCIS or ICE
Incomplete application
Not clearly stating location for where representative will be accredited
Not stating whether full or partial accreditation

27. BIA Decision
BIA sends decision in writing (separate decisions for agency and staff)
If denial, BIA will state reasons
Agency can reapply immediately with additional information
If approved, newly accredited rep. may immediately begin practicing immigration law at agency
BIA roster updated with agency info

28. After R & A
Must inform BIA promptly of any changes, especially if staff leave
Use certified mail with return receipt
Must stay up to date on immigration law changes

29. Who is bound by ethics rules?
Lawyers - ABA Code of Professional Responsibility
Legal Advocates/Accredited Reps – Not bound to ABA Code, but should follow. Check with your own professional ethics rules
Check with your agency
Who is bound to ethics rules? (9:55 – 9:57)
Teaching Points
Lawyers – Code of Professional Responsibility administered by each state where the lawyer is licensed. Purpose of code is to maintain the integrity and public confidence in the justice/legal system, maintain good standards of practice and provide accountability of lawyers in practice.
Legal Advocates or BIA Accredited Representatives – Are not bound, but should observe these ethical standards when handling client’s legal matters. Advocates should check with their own professional ethics rules to make sure they are observing them and note any potential conflicts b/w their own ethics and the ethical standards when handling legal matters.

30. Other Sources of Ethics/Standards
BIA Practice Regulations (8 CFR to )
Professional conduct rules for all practitioners
8 CFR – 13 examples for discipline
EOIR website (
Lists practitioners who have been sanctioned
Other Sources of Ethics/Standards (9:57 – 10:00)
Teaching Points
8 CFR to contain professional conduct rules for all practitioners including accredited representatives.
As set forth in the regs: “It will be in the public interest to impose disciplinary sanctions against a practitioner who is authorized to practice before the Service when such person has engaged in criminal, unethical, or unprofessional conduct, or in frivolous behavior…
8 CFR Sec lists 13 examples of grounds that can be the basis for discipline e.g. “grossly excessive” fees; making a false statement of material fact or law; engaging in contumelious (rudeness/arrogant) or otherwise obnoxious conduct which would constitute contempt of court in a judicial proceeding; engaging in conduct that constitutes ineffective assistance of counsel; falsely certifying a document as a true and complete copy of an original
The regulations further note that - “Nothing in this regulation should be read to denigrate the practitioner’s duty to represent zealously his or her client within the bounds of the law”
EOIR website (
Currently lists a total of 231 practitioners who have been disciplined under these regulations, with penalties ranging from suspensions for specified periods to indefinite suspensions to expulsions. Accredited Representatives who have been sanctioned are included in the list.

31. Renewal of Accreditation
Every 3 years
Apply at least 60 days before expiration to continue practicing
Must show continuing immigration legal education and experience (update resume and training list)

32. Possible Changes to R & A
EOIR considering new regulations
CLINIC submitted comments on proposed changes in March 2012
Some areas under discussion: nominal fees, withdrawal of recognition, definition of low-income, required training for reps, ethics training

33. New BIA Decision: Matter of Central California Legal Services
March 2013
Application for initial accreditation must show recently completed formal training course designed to give new practitioners a solid overview of fundamentals of immigration law and procedure

34. Considerations for CIR
Get BIA R&A now
Get additional staff accredited
Get partial rep fully accredited
Get additional office locations recognized
Get volunteers accredited
Budget for training and materials
Help others get R&A
Combat UPL:

35. Resources CLINIC’s Immigration Management Manual, Chapter 4
Step-by-Step Guide by World Relief & CLINIC
BIA precedent decisions
Law library resources
Sample applications
All resources available free at:
bia-recogition-accreditation

36. New Resource
New BIA FAQ Sheet on R&A:
Also, BIA website: er.htm

37. Questions? twitter.com/cliniclegal facebook.com/cliniclegal
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